Topic
Every decision we've filed under Civil Rights - Section 1983.
The Ninth Circuit granted a writ of mandamus to recuse a district judge from a civil rights case due to her longstanding friendship with the opposing prosecutor. The court held that the judge abused her discretion by failing to recognize that a reasonable person might question her impartiality given the allegations of misconduct against her friend.
The United States Court of Appeals for the Eighth Circuit issued an opinion in this civil rights appeal. The court entered judgment and provided procedural instructions regarding post-submission filings.
The Second Circuit held that periodic reviews of a Connecticut prisoner's administrative segregation status satisfied due process even while he was incarcerated in Virginia. However, the court found a genuine dispute of material fact regarding whether Virginia Department of Corrections administrative remedies were available to the plaintiff, rendering summary judgment on his First, Sixth, and Eighth Amendment claims inappropriate.
The Ninth Circuit affirmed the denial of a preliminary injunction, rejecting a death row inmate's due process claims regarding Idaho's commutation proceedings. The court held that the state's procedures satisfied constitutional minimums and that any alleged prosecutorial errors were harmless given the overwhelming evidence supporting the denial of clemency.
The Ninth Circuit affirmed the denial of preliminary injunctive relief to death row inmate Thomas Creech regarding his scheduled lethal injection. The court held that Creech failed to demonstrate a likelihood of success on his Due Process and Eighth Amendment claims because his arguments about drug provenance were speculative and he offered no viable alternative execution method.
The Second Circuit addressed challenges to New York's firearm regulations, affirming some injunctions and vacating others. The court's decision impacts the enforcement of several provisions of the Concealed Carry Improvement Act.
The Second Circuit addressed challenges to New York's firearm regulations, affirming some injunctions and vacating others. The court's decision impacts the enforcement of several provisions of the Concealed Carry Improvement Act.